ROYAL PROCLAMATION OF OCTOBER, 1763.
CLAUSES BE INDIAN TRADE TO BE FREE.
Vide Vol. I, page 157.
TO PREVENT RUM AND OTHER STRONG LIQUORS BEING SOLD TO THE INDIANS.
Whereas many Disorders have happened, and may happen, from Rum, Brandy, Wine, Beer, and other strong Liquors, being sold to the Indians; His Excellency the Governor, by and with the Advice, Consent and Assistance of His Majesty's Council, Doth Declare and Ordain, And it is hereby Declared and Ordained, by the Authority aforesaid, That from and after the Publication hereof, any Person or Persons whatsoever, inhabiting or trading into this Province, who shall carry any strong Liquors whatsoever to any Indian Village, or shall vend or dispose of the same to any Indian or Indians whatsoever, such Person or Persons shall forfeit for every such Offence, the Sum of Twenty Pounds, current Money of this Province, one Half whereof shall be for the Use of His Majesty's Government, the other Half to him, her, or them who shall inform, to be recovered by Distress and Sale of the Goods of the Offender or Offenders, on the Oath of one credible Witness, before any one of His Majesty's Justices of the Peace for the said Province.
Provided always, and it is hereby Declared and Ordained, by the Authority aforesaid, That it shall and may be lawful for any Person or Persons (having Licence to retail Liquors), to sell or vend to any Indian or Indians, any, Quantity of Ruin, or other spirituous Liquors, not exceeding half a Pint in one Day for every such Indian, on his, her, or their producing a Permit for that Purpose, signed by the Curate or Priest of the Parish where he, she, or
they respectively reside, or more than an equal Proportion of other strong Liquors, as shall be particularly expressed in the said Permit.
GIVEN by His Excellency the Honorable JAMES MURRAY, Esq.; Captain-General and Governor in Chief of the Province of QUEBEC, and Territories, thereon depending in America, Vice-Admiral of the same, Governor of the Town of Quebec, Colonel- Commandant of the Second Battalion of the Royal American Regiment, &c. &c. In Council, at Quebec, the 10th Day of November, Anno Domini, 1764, and in the Fifth Year of the Reign of our Sovereign Lord GEORGE the III. by the Grace of GOD, of Great-Britain, France and Ireland, KING, Defender of the Faith, &c. &c.
By Order of HIS EXCELLENCY in Council,
H: KNELLER, D: G: G:
BY THE HONORABLE GUY CARLETON, LIEUTENANT-GOVERNOR AND COMMANDER IN CHIEF OF THE PROVINCE OF QUEBEC, ON SUBJECT OF VIOLENCE TOWARD INDIANS AND ILLEGAL OCCUPATION OF THEIR LANDS.
QUEBEC GAZETTE, December 29, 1766.
Whereas Advices have been received That several unprovoked Violences and Murthers have been committed upon the Indians under His Majesty's Protection in the Countries adjoining to His Majesty's Provinces in North-America, and that Settlements have been made in the said Countries, beyond the Limits prescribed by His Majesty's Royal Proclamation of 1763, in the Grounds therein allotted to the Indians: Whereby the said Indians have been greatly and justly discontented : His Excellency the Lieutenant-Governor and Council of this Province, do hereby strictly enjoin and command all the Inhabitants of the same, to avoid every Occasion of giving the Indians Offence, and to treat them as Friends and Brothers intitled to His Majesty's Royal Protection; and, if any of the said Inhabitants have made any Settlements on the Indian Grounds, to abandon them without Delay, under Pain., in case of Failure herein, of being prosecuted, as Disturbers of the Peace of the Province, with the utmost Rigour of the Law.
And to the End that the Persons guilty of the above-mentioned Violences may be speedily discovered and brought to Justice, His Excellency the the Lieutenant-Governor and the Council of this Province, do hereby give publick Notice, That if any Person will make Discovery of any Murther or Imprisonment, or other illegal Violence, committed upon any of the Indians on the Borders of this Province ; or of any Destruction made of their Houses, Settlements, or Goods ; or of any violent Interruption of them in their hunting upon the Grounds allotted to them by His Majesty's Royal Proclamation, dated at St. James's, the Seventh Day of October, 1763 ; or of any Settlement illegally made by any of His Majesty's Subjects of this Province on the said 11 Grounds, so that any of the said Offenders may be convicted of such Offence, upon a legal Prosecution, the Person making such Discovery, shall, upon the Conviction of the Offender, receive a Reward of Fifty Pounds.
Given Under my Hand, at the Castle of Saint Lewis, in the City of Quebec, this 22d Day of December, in the Seventh Year of His Majesty's Reign, and in the Year of Our Lord 1766.
By the Lieutenant-Governor's Command,
J. Goldfrap, D. Secry.
GOD SAVE THE KING.
STATE OF THE POSTS OF THE KING'S DOMAIN IN CANADA,
WITH AN ABSTRACT OF THE PROCEEDINGS RELATING THERETO SINCE THE REDUCTION OF THAT COUNTRY.
CAN. ARCHIVES, C.O. 42, Vol. 6, p. 117.
The Posts of the Kings Domain vizt. Tadoussac, Islets de Jeremie, Chicoutimy and Sept Isles situated on the north side of the River St. Lawrence were during the French Government under the immediate management of the Director thereof who was appointed to that charge by the Governor & Intendant of Canada. He furnished them at the Kings expence with the merchandize & effects proper for the Indian trade or fisherys which were carried on at these several Posts, and received from thence likewise upon the Kings account, the furrs, oyl, fish or other produce of the same. They had formerly been farmed but the lease expiring in 1756 they were advertised and no one bidding for them on account of the war the Intendant lest the savages should quit their usual haunts ordered them under the before-
mentioned direction, which continued until our arrival altho the expence far exceeded the produce. When they were let out to farm the highest rent paid for them under the french government was 7000 livres or £291.13.4 Str.
After the reduction of Canada in 1760 The Indians of the Domain deputed their Chief & Missionary to adress General Murray in their favor, & represented to him that they were in the utmost misery & distress since the Conquest, destitute of provisions & every necessary, begging that they might be taken under the protection of His Britannick Majesty and supply'd & maintained in the same manner they had been in the time of the french.
The General after enquiring into the nature and establishment of the Domain, reported a state of it to General Amherst who ordered it to be continued on the same footing as formerly, and an Agent or Director was appointed to supply them with merchandize &ca. & to receive the returns on the Kings Account. An Officer & Party was also ordered to the Posts to preserve order & prevent abuses and irregularity. In the year 1762 when the Accounts of the Domain were made up after a two years supply the clear Revenue arising to His Majesty appeared to be very trifling, which the General reported to the Board of Trade & to the Treasury, and recommended the letting them out to farm as the most advantageous measure for the public. He received in answer that he might dispose of them as he should judge most expedient. They were accordingly let out at lease to those who offered the highest price vizt. £400 p. annum. The terms of this lease were that the Leasees should enjoy the Posts of the Kings Domain for one year certain commencing from the first day of October 1762, and for fourteen years if no orders to the contrary should arrive from Great Britain, and if such contrary orders should not arrive before the month of June in the next or any of the subsequent years, that the Leasees should enjoy the same until the first of October in the year following. The General reported his proceedings in this behalf to the Boards of Trade & Treasury for their approbation but received no answer at that time.
His Majesty was pleased to issue His Royal Proclamation signifying his pleasure with regard to North America and enjoining that the Trade with the Indians described therein might be free & open to all His Subjects
Genl. Murray issued a proclamation in consequence of that of the King last mentioned setting forth that hostilitys were now ceased with the several Indian nations who had lately appeared in arms against His Majesty and a friendly intercourse between His Majesty's Subjects and them thereby restored, declaring that the trade with the several Indian nations living under his Protection was free and open to all His Subjects under the restrictions mentioned in said Royal Proclamation.
The General having been doubtful whether the Kings Domain in Canada & the lease thereof granted on behalf of His Majesty was or was not affected by the Kings Proclamation as no express mention was therein made of the same, had reported his thoughts on that subject to the Board of Trade and received for answer in general terms that the fate of the Posts of the Kings Domain was determined by the said Royal Proclamation of 7th Octr. 1763.
Several merchants in Quebec misunderstanding the purport of the Kings Proclamation (as the Leasees apprehend) apply'd to the Governor & Council for liberty to trade to His Majestys Domain. The Leasees did not conceive their Lease to be in any respect invalidated by the Royal Proclamation but rather strengthened as they apprehended the Proclamation could only be understood to give His Majestys American subjects a free passage over his ungranted & unleased lands which yield him no profit, but by no means to destroy such leases as produce a considerable annual rent to His Majesty and thereby render the lands so leased of no advantage to His Revenue; but as said Leasees had very considerable property at stake which by laying open the Domain would be greatly injured, and in order to gain time until His Majestys further pleasure should be known they Represented their case to the Governor & Council praying that they might be supported in their possession until the last day of September following. In Council it was resolved that as their request appeared highly just & reasonable an advertisement should be inserted in the Quebec Gazette forbidding all persons from interrupting them in their trade to the Domain under any pretext whatever until the last day of August following which was giving sufficient time for any traders to avail themselves of the same for the succeeding year if the Domain should finally be laid open.
Messrs. Alsop, Chinn & Co. apply'd to government for a special permission to trade with the Indians of the Domain in particular. The General on this occasion equally as tender of injuring the individuals concerned in the lease by any act of his, as zealous to comply with the letter of the King's Proclamation granted to Messrs. Alsop & Co. a general permission to trade with the Indians within the Province in conformity to the same.
Thomas Mills Esquire upon his appointment to the Office of Receiver General for the Province of Quebec being among other things charged with the Superintendancy of the Kings Domain and Estates in Canada to receive the rents & Revenues thereof and to enquire into the state & nature of the lease of the Posts of the Domain granted as before mentioned by General Murray and to report thereon, wrote to the Acting Receiver General for the time being, directing him to apply to the Governor & Council to support the Leasees in the uninterrupted possession of their Lease until His Majesty's pleasure should be further known.
The Acting Receiver General in conformity to the above directions laid Mr. Mills's letter before the Council & joined the Leasees at same time in representing that Messrs. Alsop & Co. had prepared two vessels laden with matterials for Building on the Domain contrary to the spirit & meaning of the King's Proclamation, praying that such proceedings might be prevented and that the Leasees might remain in peaceable possession agreeable to the tenor of their lease. In consequence of the aforesaid representation the Governor & Council altho they did not consider Mr. Mills's letter to the Acting Receiver General as of sufficient authority to forbid any persons but the Leasees from trading to the Domain, ordered that Messrs. Alsop & Co. should be warned & forbid at their peril to erect buildings on the lands reserved by